Measures for the Implementation of Business Permits for Fireworks and Firecrackers （2013）

Measures for the Implementation of Business Permits for Fireworks and Firecrackers （2013） Order of the State Administration of Work Safety (No. 65) The Measures for the Implementation of Business Permits for Fireworks and Firecrackers , as deliberated and adopted at the Director's executive meeting of the State Administration of Work Safety on September 16, 2013, are hereby issued and shall come into force on December 1, 2013. The Measures for the Implementation of Business Permits for Fireworks and Firecrackers issued by the State Administration of Work Safety on August 26, 2006 shall be concurrently repealed. Director of the State Administration of Work Safety: Yang Dongliang October 16, 2013 Measures for the Implementation of Business Permits for Fireworks and Firecrackers Chapter I General Provisions Article 1 In order to regulate the safety conditions and business operations of entities engaging in business involving fireworks and firecrackers, effectively issue and manage the business permits for fireworks and firecrackers, and strengthen the safety supervision and administration of fireworks and firecrackers business, these Measures are formulated in accordance with the Regulation on the Safety Administration of Fireworks and Firecrackers , and other laws and administrative regulations. Article 2 These Measures shall apply to the application for, and review, issuance, supervision and administration of business permits for fireworks and firecrackers. Article 3 An enterprise engaging in the wholesale of fireworks and firecrackers (hereinafter referred to as the “wholesale enterprise”) and an enterprise engaging in the retail of fireworks and firecrackers (hereinafter referred to as the “retail enterprise”) shall obtain a Business (Wholesale) Permit for Fireworks and Firecrackers (hereinafter referred to as the “Wholesale Permit”) and a Business (Retail) Permit for Fireworks and Firecrackers (hereinafter referred to as the “Retail Permit”) respectively in accordance with the provisions of these Measures. An enterprise engaging in the import or export of fireworks and firecrackers shall apply for a Wholesale Permit in accordance with the provisions of these Measures. No entity or individual shall engage in business activities involving fireworks and firecrackers without obtaining a Business Permit for Fireworks and Firecrackers. Article 4 Locations of entities engaging in business involving fireworks and firecrackers shall be examined and approved according to the principles of safety guarantee, uniform planning, reasonable layout, control over the total number of such entities, and moderate competition. Enterprises engaging in black powder or fuses wholesale, or enterprises engaging in the import or export of fireworks and firecrackers shall be subject to examination and approval according to the principles of strict conditions for granting permits, and strict control over the number of such enterprises. Wholesale enterprises are prohibited from establishing storage warehouses for fireworks and firecrackers in urban built-up areas, or placing samples containing powder in wholesale (display) facilities. The number of retail outlets for fireworks and firecrackers in urban built-up areas shall be strictly controlled. A retail outlet for fireworks and firecrackers shall not share a building with places of residence. Article 5 Issuance and administration of business permits for fireworks and firecrackers shall implement the principles of applications by enterprises, graded issuance of permits, and territorial supervision. The State Administration of Work Safety (hereinafter referred to as the “SAWS”) shall be responsible for guidance and supervision of the issuance and administration of business permits for fireworks and firecrackers nationwide. Work safety administrations of people's governments of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the “provincial work safety administrations”) shall be responsible for formulating plans for arranging the locations of wholesale enterprises within their respective administrative regions, unifying the numbering of the Wholesale Permits, and guiding and supervising the issuance and administration of business permits for fireworks and firecrackers within their respective administrative regions. Work safety administrations of people's governments of districted cities (hereinafter referred to as the “city-level work safety administrations”) shall be responsible for the issuance and administration of the Wholesale Permits for fireworks and firecrackers within their respective administrative regions in accordance with the plans for arranging the locations of wholesale enterprises and the uniform numbering formulated by provincial work safety administrations. Work safety administrations of people's governments at the county level (hereinafter referred to as the “county-level work safety administrations”, and together with the city-level work safety administrations, hereinafter referred to as the “issuing authorities”) shall be responsible for the planning of locations of retail outlets within their respective jurisdictions as well as the issuance and administration of the Retail Permits. Chapter II Application for and Issuance of the Wholesale Permits Article 6 A wholesale enterprise shall meet the following conditions: (1) It meets the conditions for an enterprise with legal person status. (2) It follows the plan for arranging the locations of wholesale enterprises formulated by the provincial work safety administration at the place where it is located. (3) It has storage facilities compatible with its business scale and its products. The interior and exterior safety distances, warehouse layout, building structure, evacuation routes, fire control, anti-explosion, lightning protection, anti-static and other safety facilities and electrical appliances of its warehouses comply with the provisions of the Safety Specifications for Engineering Design of Fireworks and Firecrackers (GB50161) and other national and industrial standards. Monitoring facilities which comply with the provisions of the General Technical Conditions for the Safety Monitoring Systems of Fireworks and Firecrackers Enterprises (AQ4101) are installed in storage areas and warehouses, where safety warning marks and signs which comply with the provisions of the Signs for Safe Production of Fireworks and Firecrackers (AQ4114) are also established. (4) Its delivery service abilities are compatible with its business scale, its products, and the scope of its sales areas. (5) It has established a work safety liability system and various safety management systems and operating rules. Such safety management systems and operating rules shall at least include: a warehouse safety management system, a warehouse storage and guard system, a safety management system for prevention of fires and explosions, a system for safety review and inspection and control of hidden risks, a system for emergency rescue for accidents and report of accidents, a sales contract management system, a registration system for direction of product flow, a system for product inspections and acceptance checks, a system for safety education and training for employees, a punishment system for violations of regulations and rules, a system for shifts of (or guidance by) the primary person in charge, a system for withdrawal and use of work safety expenses, and safety specifications for loading and unloading (or transportation). (6) It has a safety management institution or special work safety management personnel. (7) The primary person in charge, persons specifically in charge of work safety, and work safety management personnel possess safety knowledge and management abilities with regard to fireworks and firecrackers, have passed training evaluations, and have obtained relevant qualification certificates. Warehouse keepers or guardians have received special training on knowledge of fireworks and firecrackers, passed evaluations and obtained relevant qualification certificates. Other employees have passed the entity's training program on safety knowledge. (8) An informatization management system for directions of fireworks and firecrackers flow is established and applied in accordance with the General Specifications for Registration of Directions of Fireworks and Firecrackers Flow (AQ4102) and relevant provisions on informatization management of directions of fireworks and firecrackers flow. (9) It has an emergency rescue plan for accidents, an emergency rescue organization and staff, and necessary emergency rescue appliances and equipment. (10) It conducts safety evaluations in accordance with law. (11) It meets other conditions provided by laws and regulations. Where an enterprise engaging in the import or export of fireworks and firecrackers applies for a Wholesale Permit, it shall meet the conditions set out in items 1 through 3 and items 5 through 11 of the preceding paragraph. Article 7 In addition to the conditions set out in Article 6 of these Measures, enterprises engaging in black powder or fuses wholesale shall adopt necessary safety storage measures for black powder or fuses, their own special transportation vehicles can meet their delivery service needs, and comply with relevant national standards. Article 8 When a wholesale enterprise applies......